Fitzgerald refusal limits impeachment committee

As expected, U.S. Attorney Patrick Fitzgerald has asked the Illinois House impeachment committee not to probe into alleged criminal activities by Gov. Rod Blagojevich.

Doug Finke

As expected, U.S. Attorney Patrick Fitzgerald has asked the Illinois House impeachment committee not to probe into alleged criminal activities by Gov. Rod Blagojevich.
The decision by Fitzgerald could lead to an early conclusion of the impeachment hearings, possibly by the first week in January.
In a letter released Tuesday, Fitzgerald said the committee “could significantly compromise the ongoing criminal investigation” of Blagojevich if it tried to get into those activities, including allegations the governor tried to sell the vacant U.S. Senate seat previously occupied by President-elect Barack Obama.
Impeachment committee chair Rep. Barbara Flynn Currie, D-Chicago, could not be reached for comment Tuesday. However, at a news conference Monday, Currie said the committee, which is in recess for a week, might conclude its business just after the first of the year if it is not allowed to take testimony on the federal corruption charges against Blagojevich.
Rep. Jim Durkin of Western Springs, the ranking Republican on the committee, said the letter came as no surprise.
“We all knew that our request would probably be denied,” Durkin said. “We also understood that we had to make the request. We still have a very compelling affidavit.”
The committee has read into its official record a federal criminal complaint filed against Blagojevich when he was arrested two weeks ago. It also has the 76-page affidavit filed with that complaint that contains excerpts of Blagojevich conversations obtained via federal wire taps. That information can be used by lawmakers to decide whether or not to impeach Blagojevich, even if the committee does not conduct its own investigation.
Blagojevich attorney Ed Genson also was unavailable Tuesday, but said Monday that without the alleged criminal information, the impeachment committee doesn’t have a case.
“Without the wire taps, you have nothing more than a lot of differences of opinion as to how persons do or should run government,” Genson said. “You have a difference of opinion as to whether campaign contributions is something wrong.”
The committee will make a report to the full House, which must then decide whether to impeach the governor. Sixty of the 118 House members must vote for him to be impeached. The case then goes to the Senate to conduct the equivalent of a trial.
The committee has heard testimony on charges that Blagojevich abused his power by circumventing the legislature to expand health care and that he awarded state contracts and positions to people who made substantial campaign contributions.
The committee also asked for copies of Blagojevich conversations taken from the wire taps. Fitzgerald said he is still making up his mind about that request.
While asking the committee to stay out of the criminal investigation, Fitzgerald said it was OK for lawmakers to look into other issues surrounding the administration, including whether state workers were illegally hired and fired. Those include Dawn DeFraties and Michael Casey, two employees fired by Blagojevich but who later won back their jobs.
Steve Brown, spokesman for House Speaker Michael Madigan, D-Chicago, said the committee will probably just enter into its record already-existing documents about those cases, rather than interview a lengthy list of witnesses. Brown also noted that some witnesses relevant to hiring and firing are off-limits at Fitzgerald’s request.
The committee sent a five-page letter to the U.S. attorney asking what areas it could investigate and what witnesses it could interrogate without jeopardizing the federal investigation. It listed dozens of current and former Blagojevich administration officials along with lobbyists and others that it wanted to have testify at the impeachment hearings. Fitzgerald asked the committee to stay away from most of them.
The committee also asked for documents Fitzgerald has compiled in the case and the identities of people named in the affidavit only by code. Fitzgerald refused.